What is the burden of persuasion against the prosecution in a case of assault?

California, United States of America


The following excerpt is from People v. Nelson, D073963 (Cal. App. 2019):

At trial, the People have the burden of persuasion to show the nonexistence of a defense that negates an element of crime "beyond a reasonable doubt." (People v. Saavedra (2007) 156 Cal.App.4th 561, 570.) "Typically, the prosecution has the burden to prove a defendant did not act in self-defense, because self-defense negates an element of the offense." (Id. at p. 571.) " 'To justify an act of self-defense for [an assault charge . . . ], the defendant must have an honest and reasonable belief that bodily injury is about to be inflicted on him. [Citation.]' [Citation.] The threat . . . must be imminent

Page 11

[citation], and '. . . any right of self-defense is limited to the use of such force as is reasonable under the circumstances.' " (People v. Minifie (1996) 13 Cal.4th 1055, 1064-1065, italics omitted.) "[A]lthough the test is objective, reasonableness is determined from the point of view of a reasonable person in the defendant's position. The jury must consider all the facts and circumstances it might ' "expect[ ] to operate on [defendant's] mind." ' " (Id. at p. 1065.)

Other Questions


What is the prosecution's burden of persuasion on the defense of withdrawal? (California, United States of America)
Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
What is the test for determining whether a prior assault with a deadly weapon was an assault with deadly weapon or an assault by means of force likely to produce great bodily injury? (California, United States of America)
What is the burden of persuasion and what is the test for persuasion? (California, United States of America)
What is the burden of persuasion for a defendant in a non-homicide assault case? (California, United States of America)
What is the evidence of callous disregard for human suffering in an assault case where an assault victim was taken to a remote part of the country by his ex-partner's partner, who was not charged for the assault? (California, United States of America)
What is the range of sentences for a man convicted of a serious-felony assault, assault and assault committed under section 654 of the California Criminal Code? (California, United States of America)
Does the prosecution have the burden of persuasion regarding the existence of aggravating factors? (California, United States of America)
Does section 654 of the California Criminal Code allow multiple punishment for assault where the assault is so extreme and gratuitous that it goes far beyond what is needed to accomplish the assault? (California, United States of America)
What is the burden of good faith and due diligence applied by the prosecution in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.